When parents separate or divorce in Ontario, determining parenting decision-making is often emotionally charged. Deciding on parenting time, formerly known as access, is also a complex issue. Understanding how decisions are made can help parents navigate this challenging process. Knowing the factors that influence the outcome allows them to make decisions in the best interests of their children.

Key Terms: Parenting Decision-Making and Parenting Time

• Parenting Decision-Making: This involves taking responsibility for major decisions about a child’s life. These include education, healthcare, and religious upbringing.
• Parenting Time: Refers to the time a parent spends with their child, no matter who has decision-making authority. The parent is responsible for the child’s care and day-to-day decision-making.

How Courts Decide Parenting Decision-Making and Parenting Time

Under Ontario family law, the paramount consideration is always the best interests of the child. Section 24 of the Children’s Law Reform Act (CLRA) outlines the factors the court must consider. These factors are crucial when determining parenting decision-making and parenting time.

Factors Considered in Determining the Best Interests of the Child

1. The Child’s Needs and Well-Being:
   • The child’s physical, emotional, and psychological needs are a priority.
2. The Child’s Relationships:
   • The nature and strength of the child’s relationship with each parent, siblings, and other significant individuals are assessed.
3. Parenting History and Responsibilities:
   • The court looks at each parent’s involvement in caregiving and their ability to meet the child’s needs.
4. Stability:
   • Maintaining continuity in the child’s life, such as staying in the same school or community, is often seen as beneficial.
5. Child’s Views and Preferences:
   • If the child is mature enough, their wishes may be considered.
6. Parental Cooperation:
   • The ability of each parent to communicate and cooperate on matters related to the child is an important consideration.
7. History of Violence or Abuse:
   • Any history of family violence or abuse is taken seriously and can heavily influence parenting decision-making and parenting time.
8. Cultural and Religious Considerations:
   • The court may consider these factors if they are significant to the child’s upbringing.

Parenting Plans and Agreements

Many parents prefer to make a parenting plan without going to court. A parenting plan outlines the decision-making arrangement, parenting time schedule, and responsibilities. Courts often respect and enforce agreements reached between parents if they are in the best interests of the child.

Court Orders for Parenting Decision-Making and Parenting Time

If parents can’t agree, the court will issue an order to resolve the dispute. This order will specify:

• Parenting decision-making arrangements (joint or sole decision-making responsibilities)
• A detailed parenting time schedule, including holidays and special occasions

Types of Parenting Decision-Making Arrangements

1. Joint Decision-Making:
   • Both parents share decision-making responsibilities. This arrangement works best when parents can communicate and cooperate effectively.
2. Sole Decision-Making:
   • One parent has the exclusive right to make major decisions about the child’s upbringing.

Tips for Parents Navigating Parenting Decision-Making and Parenting Time

1. Put the Child First:
   • Focus on what is best for your child, not what feels like a personal victory.
2. Be Open to Mediation:
   • Mediation can help parents reach a mutually beneficial agreement without the stress and cost of litigation.
3. Keep Detailed Records:
   • Document your involvement in your child’s life, including schedules, communications, and important events.
4. Communicate Respectfully:
   • Effective communication with the other parent can reduce conflict and improve co-parenting outcomes.

Final Thoughts

Decisions about parenting decision-making and parenting time are always focused on what is in the best interests of the child. Whether you are working toward an agreement or preparing for court, you should understand the legal principles. These factors can help you make informed decisions.

If you need help with a parenting decision-making matter, reach out to our office. We provide compassionate and knowledgeable legal support.